UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-6554

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
versus
PURVIS H. GORMLEY,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-96-6-V, CA-01-55-3-V)

Submitted:

May 29, 2003

Decided:

June 6, 2003

Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Purvis H. Gormley, Appellant Pro Se.

Gretchen C.F. Shappert,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:
Purvis H. Gormley seeks to appeal the district courts order
denying relief on his motion filed under 28 U.S.C. 2255 (2000).
An appeal may not be taken to this court from the final order in a
2255 proceeding unless a circuit justice or judge issues a
certificate of appealability.

28 U.S.C. 2253(c)(1) (2000).

certificate of appealability will not issue for claims addressed by

a district court on the merits absent a substantial showing of the
denial of a constitutional right.

28 U.S.C. 2253(c)(2) (2000).

We have independently reviewed the record and conclude that Gormley

has

not

made

substantial

constitutional right.
1039 (2003).

of

the

denial

of

See Miller-El v. Cockrell, 123 S. Ct. 1029,

Accordingly, we deny a certificate of appealability

and dismiss the appeal.

oral

showing

argument

because

See 28 U.S.C. 2253(c).

the

facts

and

legal

We dispense with
contentions

are

adequately presented in the materials before the court and argument

would not aid the decisional process.

DISMISSED